Select Committee on Home Affairs Appendices to the Minutes of Evidence


APPENDIX 9

Supplementary memorandum submitted by AVID (Association of Visitors to Immigration Detainees)

IMMIGRATION REMOVAL CENTRES COMPARATIVE REGIMES, WITH REFERENCE TO THE DETENTION CENTRE RULES

Removal Centre Rules 10 & 11: Separate accommodation for females/families 12: Clothing adequate for warmth and health 15: Certification
of accommodation
16: Hygiene17: Regime and paid activity
Campsfield HouseNot applicable. Chaplain provides underclothes on request but long delays experienced. Not supplied by Group 4. Old, basic accommodation.Basics available from shop or on declaration of destitution, in small amounts daily (airline style). £3 phone card given on arrival. No other cards supplied. No money given.
DoverNot applicable.Own clothing laundered by staff. Issued items can be exchanged for clean. Very stark prison accommodation. No curtains at windows. Basics given if destitute—except deodorants. Shop open 5 days a week. £5 per week given.
Dungavel HouseMale staff can access all areas. Tracksuits given to destitute detainees. 4 or 5 to a room.Basics available from shop, open daily. £3.50 per week.
HarmondsworthAlthough separate accommodation, male staff are able to access entire area on their own. Tracksuits given to destitute for return on removal or release. Satisfactory, basic accommodation.Basics available from shop or on declaration of destitution, in small amounts. £4 per week.
HaslarNot applicable. Prison uniform available and laundered by staff. No right to laundering of personal clothes. Laundry not sorted—uniforms, inc underpants, re-allocated at random. No curtains or blinds which make rooms cold. 3 beds touching which could cause contagion of disease or lice. Basics—except toothpaste issued. Toothpaste may be bought in the shop—open 2 or 3 times a week. £2.50 per week. £3 card on arrival only.
LindholmeNot applicable. Laundry done by staff on an individual basis. Cellular basic prison accommodation.Basics available on declaration of destitution, in small amounts. Shop open only once a week for purchases. £2.50 per week. 50p deducted if have TV in their room. Fined £2.50 if lose room key or ID card.
Tinsley HouseVery strict separation of sexes. No male staff allowed onto female or families wings. Have to return tracksuits. Only one pair of replacement pants supplied free of charge. Satisfactory, basic accommodation.Basics available from shop or on declaration of destitution, given in small amounts—one day's supply. No cash given. £5 phone card once a week.

Removal Centre26: Outside contact 28: Visits31: Use of telephones 32: Money and articles sent by post/received via visits 43: Special control and restraint

Campsfield HouseNo internet access. 5 hours visiting per day 7 days a week (35 hours per week). Phone cards can be bought in shop. If no money, have to declare themselves destitute. Group 4 not allowing free phone calls for those destitute to lawyers/immigration. Can be handed in for detainee on visit or posted in. Handcuffs used for outside appointments.
DoverNo internet access. No phone cards given to make up for short visiting hours. 2.5 hours per day, 7 days a week (17.5 hours per week). Expensive BT system. No cheap overseas cards sold in shop. No property or cash may be handed in. Can be posted in. Handcuffed on visits to hospital etc.
Dungavel HouseNo internet access. 7 hours visiting per day, 7 days a week (49 hours per week). Phone cards sold in shop. Cheaper alternatives
N/A.
Property can be handed in on visits.Not handcuffed for outside visits.
HarmondsworthNo internet access, although did agree to investigate following stakeholder meeting. 7 hours per day, 7 days a week (49 hours per week). Very lengthy process to get in to visit. BT system. Cheap cards available for long distance calls sold in shop. Can be handed in on visits or posted in. Handcuffs used for outside appointments.
HaslarNo internet access. 2 hours per day, 6 days a week (12 hours per week). Interim contract. No cheap phone cards available from shop. No property may be handed in. Can be posted in. Only newspapers and cash can be given on visits. Handcuffs used for outside appointments.
LindholmeNo internet access. No extra phone cards given to make up for short visiting hours. 2.5 hours per day, 7 days a week (17.5 hours per week). BT system. Cheap cards not available for long distance calls. No property may be handed in. Can be posted in. Handcuffed for outside appointments.
Tinsley HouseNo internet access. 7 hours per day, 7 days a week (49 hours per week). BT system. Cheap cards available for long distance and local calls in the shop. Can be handed in or posted in apart from prohibited items. Handcuffs used on outside visits.

Summary

  In the recommendations of a recent study[1] the following points arose:

    (1)  need for emotional support for people detained;

    (2)  need for a sympathetic environment, which is not met in the prison Removal Centres;

    (3)  need for automatic Bail Hearings, not enacted in 1999 Act;

    (4)  need for access to outside information and support towards their case which is limited by cost of phone calls, lack of visiting hours and inability to sites on the web.

  Haslar Removal Centre would seem to be the only Centre still using strip searches after visiting and justifying this under Prison Rules as Operating Standards have not yet been written and implemented.

  In the three prisons used as Removal Centres, lock in times into their wings and rooms are excessive. Again, these are justified under Prison Rules.

  Curtains are not part of a Prison environment and have not been installed when Immigration contracted to use these buildings. Heat is lost, detainees sleep patterns are disrupted and the temperature of the rooms has caused problems, particularly at Haslar Removal Centre. It is understood that curtains are to be installed in December 2002.

  The alarming rise in attempted suicides at Dover Removal Centre (six to date in the last two months) should be indicating that the very restrictive prison type regime needs urgent investigation. With lock in times from 4 pm and 8 pm into dormitories and rooms, this causes feelings of isolation and despair. Visiting hours are at times when those who could visit are working, and no attempt seems to have been made to change these hours. Visitors have been proven in other Centres to enhance the lives of people detained, reassure them that they are not forgotten and make their lives more bearable.

  The inequalities of treatment of immigration detainees is also highlighted in the response to the questionnaire from Gabriela Rodriguez, Special Rapporteur on Human Rights of Migrants, United Nations High Commissioner for Human Rights, Geneva, 11 October 2002.

WELFARE PROVISION FOR IMMIGRATION DETAINEES

INTRODUCTION

  1.  Many cases have arisen of asylum seekers and other immigration detainees losing important documents and property. They are often detained without warning and without any opportunity to collect or provide for the custody of important documents and property. Documents and property may also be retained by the police, Immigration Service or Removal Centre Management without adequate receipts and may subsequently go missing.

  2.  Some asylum seekers and immigrants are detained without the opportunity to contact family or friends and make adequate provision for the care and support of a wife and children, none of whom may speak English adequately or understand the support system in this country. Others have been removed at short notice without the opportunity to collect or provide for the disposal of valuable property, including business assets, clothing, personal possessions or money. They may also not have the opportunity to provide for the support of family members remaining in the UK.

  3.  On some occasions, the lack of facilities for those detained to make proper provision for their families does not accord with Article 8 of the European Convention on Human Rights. The lack of facilities to make arrangements to secure or obtain access to property does not accord with Article 1 of the First Protocol to the Convention. Both are enshrined in the UK Human Rights Act 1998.

PERSONAL AND BUSINESS PROPERTY AND DOCUMENTS

  4.  Immigration detainees come from a wide spectrum of backgrounds. Some may have been here for a number of years and have a house, business, car, furniture and other property. A house may be rented or subject to a mortgage. Defaulting on payments may lead to court proceedings and to repossession by the owner or mortgage lender. This may result in the contents being sold or being put out in the street by the bailiffs. If the detainee is later released and given leave to remain in the UK he (or she) will find his credit rating has suffered through no fault of his.

  5.  If a car is left parked on the street or in a public car park, it may be towed away within hours and be costly to recover. It may also be repossessed under a hire purchase agreement, with similar effects to the above.

  6.  Those who have established businesses need to be able to make arrangements for them to be run efficiently in their absence and for cash to be available for this. Their deputy needs the written authority to make decisions, to run bank accounts, etc. These arrangements must be made quickly if the business is not to suffer.

  7.  People with a business or a house have a great deal to lose if they abscond or do not keep in contact with the Immigration Service. The use of alternatives to detention should be effective in these cases. This would reduce the range of welfare problems in Removal/Detention Centres.

  8.  Others will have been living in a hostel or sharing an apartment. They may hot have many possessions, but such as they have are likely to be very important to them. Their few belongings may include documents vital to their asylum claim or immigration status. In many cases, all their possessions are likely to disappear within a few days if arrangements are not made quickly to pack them and have them brought to the Removal/Detention Centre. Many detainees may not have a friend who can do this for them. In these cases, it will be necessary to provide someone else with the authority to collect and pack belongings and to defray their expenses.

  9.  Much stress and worry could be avoided if those detained at a police station or immigration office were sent, or escorted, home and given the opportunity to pack personal belongings before being taken to a Removal/Detention Centre. It is important that all Centres accept the luggage of detainees, whether brought with them or delivered later. Agencies employed to transport detainees should also be prepared to transport their luggage at the same time.

  10.  Personal belongings are often retained on detention by the Police, Immigration Service or Removal/Detention Centre Management. As these are the items that people carry with them, they are likely to include important personal documents and items of significant sentimental or family value. Documents are also impounded by Immigration Officers when detaining people from their homes/places of residence. If it is necessary for any authority to retain these, it is very important that receipts are given and that these receipts accurately describe what has been retained. If it is not necessary to retain them, they should always be returned to the owner.

  11.  It is equally important that property confiscated on initial arrest is sent on with the detainee to his place of detention or transferred to the Immigration Service to be placed in his/her immigration file. The detainee should be provided with written acknowledgement of any such transfer and with a detailed receipt from the Immigration Service. Wherever possible, possessions confiscated on arrest should be returned to the detainee before he/she is moved on to a Removal/Detention Centre.

FAMILIES

  12.  A person may be detained without warning when reporting to a police station or to the Immigration Service. His wife/partner (or her husband/partner) will be expecting him home. He may have arranged to pick up children from school or from a child minder. He may be responsible for the custody of children, if his partner is in hospital or otherwise not available. His wife/partner and children may have little English and little understanding of the support system on which they may be relying. In some cases, benefit payments may stop if they are in the name of the family member who is detained.

  13.  In these cases, quick and reliable access for the detainee to a welfare service is essential for the well being of the family and for the peace of mind of the detainee. On occasions it may be necessary to take the detainee to see his family or children before any further action is taken.

  14.  Families, particularly those including young children, need the support of medical and welfare services and are unlikely to move away from them. Restrictions other than detention should enable contact to be maintained with families. Welfare problems in Removal/Detention Centres would be greatly reduced if detention of families were avoided.

  15.  If a family is detained, it is most important for their welfare that they are given adequate time to pack personal possessions for both parents and children before they are taken to a Removal/Detention Centre.

REMOVAL

  16.  If he/she is to be removed to another country, there are further facilities that a detainee needs if he/she is not to be seriously and unfairly disadvantaged. He/she faces a difficult and stressful future, whatever the merits of his/her asylum or immigration position, and should be treated with humanity.

  17.  Those with business assets, house or other property need the time and facilities to make arrangements for their disposal or continuing management in their absence. All need the facilities to be able to have their personal possessions collected and brought to the Removal/Detention Centre before they are removed. Some may need to arrange for bulky possessions to be sent direct to their destination by freight. Many may need the facility to withdraw money from a bank account and to transfer money to the country to which they are being sent. Some may need to make arrangements for the support of family members remaining in the UK.

CONCLUSIONS

  18.  The first measure needed to improve the welfare of detainees and, hence, the prospect of their co-operating with the Immigration Service, is to ensure that all those detained from any form of residence, legal or not, be given facilities to pack personal possessions before being taken to a Removal/Detention Centre.

  19.  Removal/Detention Centres should accept personal belongings, and escort services should carry them whenever transporting detainees. The welfare service should have the facility to collect them and deliver them to the Centres.

  20.  The second measure is to ensure that, whenever possible, alternatives to detention are used to maintain contact with families and those with businesses or property. This would be in accordance with the provisions of the Operational Enforcement Manual.

  21.  Once in a Removal/Detention Centre, the key to providing the majority of the facilities needed by immigration detainees is the provision of all Centres of an independent welfare service. Access to similar services should be provided at any other places where immigration detainees are held. This requirement will need to be incorporated in the management contract for each Removal/Detention Centre and in the relevant agreements with the Prison Service. The contract should ensure that suitable personnel, with appropriate qualifications and experience, are engaged. They should have access to all agencies with relevant specialist knowledge.

  22.  It must be remembered that detainees are reluctant to approach, or to trust, Centre Management, the Police or the Immigration Service. For the service to be effective, it must be independent and be clearly seen by the detainees to be independent, even though funded through the management contract. Equivalent services are provided in other institutions, such as prisons and hospitals.

  23.  Those with families who are detained without warning should be given facilities to communicate with wife/partner and/or children immediately on detention. The need for a visit to the family home within the first few hours should be assessed and, if necessary, arranged.

  24.  Receipts given for personal possessions and documents should describe them accurately. For documents, in particular, the description should be sufficient to ensure that, if the document is subsequently lost, there is no subsequent dispute over what was taken. As far as possible, personal possessions should be returned to the detainee, especially when he/she is transferred to another location.

  25.  Removal Directions and flight arrangements should always allow a detainee sufficient time to put his affairs in order before being removed. Directions should advise a detainee that he should visit the welfare service and take any other steps necessary, even if his solicitor is trying to delay removal.

RECOMMENDATIONS

  26.  It is recommended that:

    (a)  all those detained, other than on arrival, be given the facility to pack personal possessions and take them to the place of detention;

    (b)  full descriptive receipts be given, in all cases, for all documents and possessions taken by all authorities at any stage of the asylum/immigration process;

    (c)  Removal/Detention Centres and agencies used to transport detainees accept the liability to hold and transport, with the detainee, his personal possessions and luggage;

    (d)  the rules in the Operational Enforcement Manual, section 38.8 et al be applied to avoid the detention of families and those with businesses or property. They have significant ties which render absconding unlikely;

    (e)  contracts for the management of Removal/Detention Centres include the provision of independent welfare personnel and that access to similar persons be available at other places where immigration detainees are held;

    (f)  Welfare services at Removal/Detention Centres, under sub paragraph (d) above, include facilities to arrange for the welfare of families, custody/disposal or delivery to the Centre of personal possessions, withdrawal and transfer of money, disposal or management of business assets and property etc. Removal procedures should allow time for their use.

WELFARE ISSUES FOR DETAINEES: RESPONSES FROM CONTRACTORS—DECEMBER 2002
Previously arranged appointments: Hospital, social security (SS), benefits agency (BA) Collection of personal property from home, lodgings or hotel The securing of property, belongings or car The sale of property, belongings or car Transfer of money abroadArranging withdrawals of cash from banks

CampsfieldMake every effort to keep existing hospital appointments. Would facilitate contact with the relevant SS or BA office as necessary but not encountered this to date. Pass request to IS for them to make appropriate arrangements. Has been done on a number of occasions, utilising Western Union.
Local escort to a High Street bank cash point. Will facilitate phone calls to the bank if there is a need to transfer cash to local bank and will escort to banking hall.
DoverPreviously arranged hospital appointments will be kept if at local hospital. SS and BA appointments not been raised as an issue. Encouraged to discuss situation with Immigration Liaison Officers and IOs. Would facilitate access to phone, fax or letter.
DungavelPreviously arranged hospital appointments would be rearranged with local hospital. The contractor has, on a number of occasions arranged for personal belongings to be collected. Would advise detainee that this would be a matter for their solicitor. A DCO receiving such a request would pass it on to member of the management team.
Contractor also mentions access to the requests and complaints procedure, and access to external organisations such as Scottish Refugee Council and IAS. All requests would be considered and if necessary researched in order that a reasoned reply could be given.


HaslarAny hospital appointment will, where possible, be met. SS and BA appointments dealt with by phone or letter. Need to be collected by family members or legal representatives. Made by family members or legal representatives.
HarmondsworthEnsure outstanding hospital appointments are kept. Do not keep SS or BA appointments. Would advise detainees to initially contact friends or families, or their legal representatives, or place them in touch with IAS or RLC.
Have as an exception allowed detainees to cash cheques but on the understanding that monies not handed over until cheque cleared.
LindholmeWould ensure that hospital appointments are kept, if necessary by ensuring appointment is transferred to local hospital. Issue of SS and BA appointments has never arisen. For friends and relatives, or could contact local police station in area of last address. For friends and relatives, or could contact local police station in area of last address. May also seek assistance from local voluntary or Church organisations. Undertaken by detainee's legal representative. Detainee advised to contact his bank, via fax, authorising the release or transfer of funds. Centre will arrange transfer of cash "in pocket" to foreign bank. Letter of authorisation would be sent from detainee to his bank, copied to his solicitor for collection of money.
Contractor has recently introduced a new post of Community Welfare Liaison Officer whose responsibility it is to ensure that welfare issues are properly addressed.
Tinsley HouseRe hospital appointments, staff would inform medical centre. Re SS and BA, passed to IS staff and necessity of appointment confirmed. Pass request to IS for them to make appropriate arrangements. Detainee advised to contact bank by letter/telephone. Staff would assist if necessary.
Each case considered on its merits. Small cash withdrawals can usually be facilitated at port. For large cash withdrawals, would consider escorting detainee to bank subject to operational needs and security considerations.
OakingtonThe contractor considers that few of these concerns are raised at Oakington because of the fast track procedures here. The detainee is very much concentrated on the asylum claim. Because legal representatives are on site, the contractor tends to be by-passed if these sorts of queries are raised. They can be resolved without the need to involve the contractor's staff.


CONDITIONS IN REMOVAL CENTRES

  Government policy is to use detention only at the end of the asylum process as part of the business of removal. It is therefore legitimate to consider the conditions in Removal Centres in the enquiry. Example:

Inhumane

  Haslar Centre is an old Victorian barracks, where the men live in dormitories of 30 or so. They sleep in bleak and tiny cubicles without curtains carpets or even a door, and which they have to share with two strangers. The beds in some of these are so close together that they all touch and one man has to sleep with his head by another's feet. In some the heating consists of a single small pipe along the wall, though radiators have been installed in others.

  Most dormitories have a dayroom five or six metres square, with a television, but no carpets, no curtains and three rows of chairs in regimented lines. Two ramshackle telephone boxes stand on one wall. This room is part of the route from the rest of the centre to the cubicles and is both busy and noisy with telephones, television and tannoy in competition. The division from the cubicles is about five feet high but above the space stretches up to the gloom of the rafters so there is no noise separation for men wanting to sleep. Neither is there any privacy, the narrow aisle between the stalls is always busy with men and the stalls themselves have no doors. Despite the fresh grey paint the place feels startlingly gloomy in twenty first century Britain, reminiscent of some dim and aged agricultural shed.

  In the bathroom there are half doors on the showers and the toilet stalls. At the time of (sometimes random) roll checks the good guards will allow a detainee sat on the toilet to show his hand. The less sympathetic members of staff open the lockless doors.

  Two of the dormitories (one very small) have enhanced facilities, doors with locks, in cell TV, full size lavatory doors, billiard table etc.

  The men (Haslar is a male institution) are let out of their dormitories five days a week, three times a day, for three hours in the morning, three in the afternoon and three in the evening. In these periods they eat and can attend the medical centre, change their kit, or go to classes in English or computers (except on Wednesdays when there is no afternoon education). If they are lucky they get a visit and go to the visits room. If they are unlucky they are strip-searched afterwards, made to drop their pants and squat down in front of the guards.

  In the evenings they are allowed to go to the chapel for 45 minutes. There is bingo on Saturday nights. There is a playing field and the men have occasional access depending on staffing levels. The rest of the time they sit round watching television and worrying about their cases. Some of them are there for months, a number for over a year and one or two for over two years. Immigration detainees are not charged with any crime—they are kept behind bars for administrative convenience.

  Laundry is part individual and part collective. Men using their own clothes have them individually laundered. Prison tracksuits, socks and underwear are washed collectively and reallocated. The men much dislike using other people's underpants.

  The canteen, a cupboard in the main corridor, is open to any individual man three times a week selling a limited range of foodstuffs, toiletries and stationery. The toiletries include toothpaste—one tube is provided free of arrival but not replaced. Shop profits to into a fund to benefit the men—some thousands have recently been spent from this on cardio-vascular equipment for the gym, £10 a week goes to bingo prizes.

  The dining room is dark painted and smells of cooking. The tables are small and the seats crammed together. The food is not bad, albeit school dinner style, portions generous. Two very good sized meals a day plus a breakfast pack—coffee, dried cereal, jam and margarine. Also a generous drinks pack—teabags sugar etc for making drinks during the day. These packs are issued every morning with milk for cereals and drinks.

  Education has always been recognised as the one bright spot at Haslar. There are nearly 40 up-to-date computers in various rooms. There are also two quite small English rooms—space for maybe 30 men to learn the language. There is an art room and a library, maybe 6 metres by 5 metres, and a small but pleasant library reading room.

  The education may be good but it is not adequate compensation for the dreadful dormitories. The men are incarcerated with people they don't know, who may not share their language, who may not, in some cases, be particularly clean. They have to use tenth hand underpants and have to drop them in front of the staff. The sentence is indefinite and some men stay there for 20 or 30 months. Grown men are often reduced to tears.

  The Home Secretary announced in January 2002 that he was aware that Haslar is sub-standard and that he plans improvements. Improvements have been planned and shelved for at least the last 25 years. The best thing which could become of this dreadful place, a scar on Britain's reputation, is that it be bulldozed.

JULY-DECEMBER 2002 STATISTICS—LONDON DETAINEES SUPPORT GROUP AND GATWICK DETAINEES WELFARE GROUP
LDSGGDWG TotalsPercentage
of total
Number of detainees assisted July-December 2002 207311518
Female60169 22944
Male147142 28956
When detained?
On arrival3353 8617
On reporting2223 459
From a HO interview6 5112
From police/prison custody6 29357
Picked up by immigration (ie at place of work/home) 45117162 31
Not known9584 17935
Immigration status
Asylum seekers191219 41079
Non asylum seekers6 576312
Not known1035 459
Status on arrival in detention centre
Awaiting initial decision of asylum claim 392564 12
Awaiting decision of 1st appeal12 19316
Awaiting decision of further appeals13 34479
Awaiting removal or travel docs28 15518335
Awaiting removal or travel docs after signing to go home 16723 4
Not known9971 17033
Status on leaving detention centre
Awaiting initial decision of asylum claim 0992
Awaiting decision of 1st appeal3 18214
Awaiting decision of further appeals34 306413
Awaiting removal or travel docs24 14617034
Awaiting removal or travel docs—signed to go home 10717 3
Granted refugee status0 000
Not known14375 21844
How left detention centre?
Granted temporary admission20 325210
Released on CIO bail0 000
Released on Adjudicator bail33 5388
Transferred to another detention centre 3982121 24
Moved to a prison01 10
Removed from the UK48 13218036
Granted refugee status0 000
Unknown7327 10020
Other16 71
Age of detainees
Under 18 with family25 335811
Under 18 unaccompanied3 471
18-21817 255
22-3067121 18836
31-556262 12424
56+13 41
Not known4171 11222
Special needs
Pregnant women40 4
Disabled20 2
Diagnosed with serious medical condition 81422 4.24
Serious psychological condition10 10203.86
Bail
Bail application with solicitor pending 192948 9
Bail application with BID pending4 151
No bail applications made35 25529056
Legal
Detainees who were unrepresented at a hearing 101
Detainees you have had to find a lawyer 145266 13

February 2003




1   Coping with detention, Daniel Wasp, University of East London, Refugee Studies MA Dissertation September 2002. Back


 
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